Fakhruddin @ Md. Fakhruddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71004 of 2023 Arising Out of PS. Case No.-329 Year-2023 Thana- ARARIA District- Araria ====================================================== Fakhruddin @ Md. Fakhruddi Son Of Abdur Jalil @ Abdul Jalil R/O VillageBangama, Gram Panchayat Bangama, P.S.- Araria, Dist.- Araria ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 419, 420, 467, 468 of the Indian Penal Code.

Allegation against the petitioner is that being the chairman of Bangama PACS, he made forged signature of the informant, who was working on the post of Assistant Secretary-cum-PACS Manager in BANGAMA PACS, on three advice (payment form) and two cheques and made payment in the accounts of his relative by

Patna High Court CR. MISC. No.71004 of 2023(3) dt.24-01-2024 2/3 posing fake farmers.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to previous enmity and political rivalry. It is further submitted that petitioner has not made forged the sugnature of the informant on the aforesaid advice and cheques. The signatures of the petitioner has not been verified by the expert. The name and account number, as alleged of petitioner's relative, in which money has been sent fraudulently has not been mentioned in the F.I.R. Moreover, the petitioner is languishing in judicial custody since 05.08.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.71004 of 2023(3) dt.24-01-2024 3/3 The above named petitioner is directed to be enlarged on bail, after framing of charge, if not framed, in connection with Araria P.S. Case No. 329 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Sunil Kumar Panwar, J) Nirajkrs/- U T